Highways (Jersey) Law 1956

Jersey Law 12/1956

 

HIGHWAYS (JERSEY) LAW, 1956.1

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1          Definitions

2          General Prohibition

3          Power of the States to grant Authority by Regulations

4          Power of Highway Authorities to grant Licences

5          Offences and Removal of things placed in Contravention of Law

6          Notices

7          Savings

8          Repeals and Amendments

9          Short title and commencement


A LAW   to control the placing of things below, or above highways, sanctioned by Order of Her Majesty in Council of the

 

1st day of JUNE, 1956.

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(Registered on the 23rd day of June, 1956).

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STATES OF JERSEY.

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The 24th day of January, 1956.

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THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law:  -

ARTICLE 1

DEFINITIONS

In this Law –

“by-road” has the same meaning as “chemin vicinal” in the 1914 Law and “main road” has the same meaning as “grande route”, in the said Law;

“highway authority”, in relation to a by-road means the Roads Committee of the parish in which the road is situate and, in relation to a main road, means the “Comité d'Administration des Grandes Routes”;

“the 1914 Law” means the “Loi (1914) sur la Voirie”,2 as amended.3

ARTICLE 2

GENERAL PROHIBITION

Subject as provided by this Law, it shall not be lawful to place anything below, on or above any highway in the Island.

ARTICLE 3

POWER OF THE STATES TO GRANT AUTHORITY BY REGULATIONS

The States may make regulations authorizing the placing below, on or above the highway of things of such classes or descriptions as may be specified in the regulations subject to such conditions as may be so specified.

ARTICLE 4

POWER OF HIGHWAY AUTHORITIES TO GRANT LICENCES

(1)           The highway authority may grant a licence to any person authorizing him to place any thing below or above (but not on) any highway administered by that authority, and any such licence may be granted subject to such conditions as the highway authority may think fit to impose and to the periodic payment of such reasonable sum as the highway authority may determine.

(2)           Any licence under this Article may be granted for a fixed period or for an indefinite period, and any licence granted for an indefinite period may be withdrawn by the highway authority on giving not less than six months' notice in writing to the holder of the licence:

Provided that where less than five years' notice of withdrawal is given and the holder of the licence is of the opinion that he is prejudicially affected by the withdrawal, he may appeal to the Inferior Number of the Royal Court, either in term or in vacation, and the Court may make such order in the matter as it thinks just and equitable.

(3)           No licence granted under this Article shall authorize the placing of any thing less than seven feet above a footpath or less than eighteen feet above a carriageway.

(4)           Where the property in any thing placed below or above a highway under the authority of a licence granted under this Article is transferred, the licence shall, on application to the highway authority, be transferred to the new owner by endorsement of the licence or otherwise, but unless so transferred a licence shall cease to be in force at the expiration of three months from the date of the transfer.

(5)           Where a by-road below or above which any thing has been placed under the authority of a licence granted under this Article is, by virtue of Article 1 of the 1914 Law,6 classified as a main road, the powers of the Roads Committee of the parish in which the road is situate in respect of that licence shall be transferred to the “Comité d'Administration des Grandes Routes”.

ARTICLE 5

OFFENCES AND REMOVAL OF THINGS PLACED IN CONTRAVENTION OF LAW

(1)           If any person places any thing or causes any thing to be placed below, on or above any highway in contravention of the provisions of this Law, he shall, without prejudice to any other proceedings which may be taken against him, be guilty of an offence and shall be liable to a fine not exceeding fifty pounds, and, whether or not any proceedings are taken in respect of the offence or otherwise, the highway authority may remove the thing and the expenses reasonably incurred in so doing shall be recoverable as a civil debt from the offender:

Provided, that in the case of a thing which is placed below a highway and which communicates with a property bordering on a highway, the powers of the highway authority under the foregoing provisions of this paragraph shall not be exercisable, but the highway authority may serve a notice on the owner of such property requiring him to remove the thing in question.

(2)           If any person on whom a notice has been served under the proviso to paragraph (1) of this Article fails to comply with the requirements thereof within such period (not being less than twenty-eight days from the service thereof) as may be specified therein, the highway authority may remove the thing in question, and the expenses reasonably incurred in so doing shall be recoverable as a civil debt from the person in default.

(3)           Any person aggrieved by a notice served under this Article may, within the period specified therein, appeal to the Inferior Number of the Royal Court, either in or out of term, and the decision of the Court shall be final and without appeal, but without prejudice to the right of the Inferior Number of the Royal Court to refer the matter to the Superior Number of the Royal Court.

(4)           Where an appeal under this Article is brought against a notice served thereunder, paragraph (2) of this Article shall not apply unless the appeal is abandoned or dismissed, and shall, in that case, have effect as if for the reference therein to the period specified in the notice there were substituted a reference to twenty-eight days from the date on which the appeal was abandoned or dismissed.

ARTICLE 6

NOTICES

Any notice authorized to be served under this Law may be served either –

(a)    by delivering it to the person on whom it is to be served; or

(b)    by leaving it at the usual or last-known place of abode of that person; or

(c)    by sending it in a prepaid letter addressed to that person at his usual or last-known place of abode; or

(d)    in the case of a body corporate or unincorporate, by delivering it to the secretary or clerk of the body at its registered or principal office or by sending it in a prepaid letter addressed to the secretary or clerk of the body at that office; or

(e)    if it is not practicable after reasonable enquiry to ascertain the name and address of an owner of premises on whom it should be served, or if the premises are unoccupied or the name of the owner is not known, by addressing it to him by the description of “owner” of the premises (naming them) to which it relates and by delivering it to some person on the premises or, if there is no person on the premises to whom it can be delivered, by affixing it or a copy of it to some conspicuous part of the premises.

ARTICLE 7

SAVINGS

(1)           Nothing in this Law shall be construed as derogating in any way from the powers of the Natural Beauties Committee under the Preservation of Amenities (Jersey) Laws, 1952 and 1954.8

(2)           Nothing in this Law shall prejudice or affect any rights or powers in existence immediately before the coming into force of this Law.

(3)           Nothing in this Law shall affect any right of proceeding under any other enactment or under the customary law.

(4)           For the avoidance of doubt, it is hereby declared that this Law does not apply to the branches of trees overhanging highways.

ARTICLES 8

REPEALS AND AMENDMENTS

(1)           The following enactments are hereby repealed, namely –

(a)    Articles 19A9 and 2010 of the 1914 Law;

(b)    Article 30 of the “Règlement (1956) sur la Police des Chemins et des Endroits Publics”.11

(2)           In Article 41 of the 1914 Law, the words “des rues urbaines” shall be deleted, and for the words “Un chelin six pennys” there shall be substituted the words “cinq chelins”.

(3)           In Article 43 of the 1914 Law,13 for the word “Cinq” there shall be substituted the word “dix”.

(4)           In Article 45 of the 1914 Law,13 for the word “Cinq” there shall be substituted the word “dix”.

ARTICLE 9

SHORT TITLE AND COMMENCEMENT

(1)           This Law may be cited as the Highways (Jersey) Law, 1956.

(2)           This Law shall come into force on the first day of the second month next following that in which it is promulgated.

To be printed, published and posted.

 

F. DE L. BOIS,

 

Greffier of the States.



1        See also Article 8 of the Telecommunications (Jersey) Law, 1972 (Volume 1970–1972, page 399).

2        Tomes IV-VI, page 338.

3        Volumes 1970–1972, pages 197, 290 and 300 and 1973–1974, page 27.

6        Tomes IV-VI, page 338.

8        Laws repealed by Island Planning (Jersey) Law, 1964 (Volume 1963–1965, page 372).

9        Volume 1949–1950, page 603.

10      Tome V (1935 edition), page 377 and Volume 1939–1945, page 354.

11      R. & O. 3641.

13      Tomes IV-VI, page 348.


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